Reader Letter | Kentucky misses chance to go smoke-free

We thank the lead sponsors of HB 190 - Reps. Susan Westrom (D-Lexington) and Julie Raque Adams (R-Louisville) - as well as House Speaker Greg Stumbo, Gov. Steve Beshear, Lt. Gov. Jerry Abramson and all the legislators who pledged their support for a comprehensive, statewide smoke-free law. Despite their steadfast support and three years of education by public health experts, business leaders, legal experts and constituents, the Kentucky legislature failed to deliver a win for common sense by backing HB 190.

In a state that leads the nation in lung cancer deaths and smoking rates, it is tragic that the General Assembly lacks the political will to protect all Kentuckians from toxic secondhand smoke. All Kentuckians will pay the price for this missed opportunity to reduce smoking's tremendous health and economic burden on the state.

Excuses about private business owners' rights held up a statewide smoke-free bill for another year. These and other legal concerns were aired and addressed at a recent House Judiciary Committee hearing on HB 190.

The panel that spoke before the committee, including legal experts and Lt. Gov. Abramson, confirmed that the government has not only the authority but the responsibility to protect public health. The state Supreme Court reaffirmed this "manifest duty" in its 2004 decision on the Lexington smoke-free law. That decision declared that regulating smoking in the workplace is "not an improper infringement upon property rights." Clearly secondhand smoke in the workplace is a major public health hazard, and the numerous local smoke-free laws throughout Kentucky show that workers and customers can be protected without placing a burden on private property owners. They would simply be required to ask people to smoke outside.

The panel also clarified that individual barns are not covered in the statewide smoke-free law and ashtrays with personal or collectible value can be displayed. The experts also confirmed that the law will not affect tobacco curing, only the burning of tobacco or other materials intended for inhalation. Bill sponsors pledged to amend the bill to further clarify those concerns if needed.

Instead of taking decisive action, the General Assembly kicked the can down the road, which means too many Kentuckians will continue to be exposed to, sickened and even killed by secondhand smoke exposure. Some Kentucky legislators have also ignored the overwhelming public support for action, as a large majority of registered voters (62 percent this year), more than 300 organizations and thousands of constituents have urged them to pass a statewide, smoke-free workplace law for three consecutive legislative sessions. How much longer will our General Assembly hide from the mountain of scientific evidence and public support for reducing the proven dangers of secondhand smoke?

According to the U.S. surgeon general, secondhand smoke contains more than 7,000 chemicals, including hundreds that are toxic and at least 69 that cause cancer. Secondhand smoke is proven to cause lung cancer, heart disease and other serious illnesses and is responsible for about 50,000 deaths each year in the U.S. The surgeon general and numerous studies have also found that smoke-free laws protect health without hurting business.

Altogether, 24 states, Washington, D.C., and 23 communities in Kentucky have strong smoke-free laws, all of which are being well-received and easily enforced.

Kentucky's taxpayers and businesses will have to wait another year to reduce the $3.8 billion spent every year on smoking-related health and lost productivity costs in the state. Most importantly, thousands of completely innocent bystanders who choose not to smoke will continue to be made sick by other people's smoke in the workplace. Kentuckians deserve better. Thousands have been patient. Every question has been answered. The governor, speaker of the House, Senate president and all Kentucky legislators must join all these deeply concerned citizens to commit to make smoke-free workplaces and public places the top priority for the 2014 legislative session.

For more information on the Smoke Free Kentucky campaign and a complete list of our hundreds of supporting organization, please visit www.smokefreekentucky.org